Fellow Berkley Court home owners,
Please don’t get confused on the issues at Berkley Court. The previous directors have sent out defamatory messages to home owners, trying to scare them with vague doubts of things that were never in question.
Let’s fact-check a recent communication sent from the previous directors on 12/12/2021:
1. “The current board does NOT have access to the assessments of the association as previously stated… There are internal controls with checks and balances at the moment.“
- Incorrect. The management company cannot spend money without the board directing its use. Thus, it is the directors who control the funds.
- One of the primary checks and balances in place for condo owners enshrined TX state law is the ability to get an audit of its financial statements every year, and access to the association’s books and records upon request. The former directors have NOT performed this audit in prior years and REFUSED home owner requests on multiple occasions to view the books and records, or to answer questions by home owners to see where the money is going.
- Do you want to continue to support people who won’t follow Texas law, and puts Berkley Court at further risk for more and more lawsuits because of their behavior?
2. “Betsy Cherian, who sued the association has expressed that she plans to self-manage and have full access to our funds directly. ”
- This is a lie. Please ask yourself if you ever personally had a conversation with Betsy that was about self-management.
- Do you want to vote for people who have no problem creating and spreading lies about people that they were supposed to be serving, for their own selfish reasons? What lies will they spread about you, when you ask for a repair request or some other home owner matter?
- As you can tell from the below screenshot of the case – Betsy did not sue the association. The association is suing the former directors, because those individuals have improperly kept association assets (e.g., keys to the clubhouse, passwords to computers, access to direct funds, etc.).
3. Please see the attached letter from the courts regarding the first hearing “Denying the Temporary Restraining Order” filed by Betsy Cherian against the current board of directors. The court agreed that we did not have to resign nor accept the candidates making invalid claims.
- Incorrect, the judge on 11/3/2021 declared that he did not have time to decide the facts of the case, and moved it to the next hearing for another judge to determine whether the defendants should continue to have access to association assets until the case is heard.
- The hearing in front of the next judge was to be held on 12/2. The old directors did not show up. The judge then ordered them to be served for them to appear in court on 12/16/2021. Please find above the notice for their appearance. If the case was dismissed as they claim, then there would be no further appearances with the same case #.
- Do you want to vote for people who can’t show up to court? Do you want people who can’t seem to understand basic legal processes to represent Berkley Court on official matters? Is this the reason why there were so many ongoing lawsuits at Berkley Court under the former directors (e.g., 2 dog bite law suits, window vendor work, etc.).
4. “Here is a preview of a letter from a concerned homeowner. WHAT COULD HAPPEN, If all new board members take over, the new board could opt for SELF MANAGEMENT. “
- The former directors are the ones who have actively brought up self-management to home owners – is this why these folks want to stay in power? So they can then continue to pay themselves and their relatives for services that are questionable?
- The vast majority of the home owners are more concerned with why the property is not being properly maintained, why the former directors refuse to let go of association assets despite over 75% of the owners asking them to step aside, why repairs are not completed, why money is being wasted on elections and law suits
5. Please know that with the current board, your condo is safe and your dues are safe.
- The former directors are the ones who, in their YEARS of service, not found time to do any of the below:
- No audits leading to questionable uses of money
- No published budget to know what the maintenance costs are for the upcoming year or the planned work that will be accomplished
- No annual home owner meeting held when required
- No complete set of minutes from meetings
- No contracts for vendors, especially for those service providers who are related to the former board directors
- Selective enforcement of covenants, usually done in retaliation or exploitation of vulnerable residents
- No appropriate oversight of vendors to ensure quality work is completed on a timely and economical basis
Please don’t add to the noise at Berkley Court by believing the claims of a unethical set of former directors. Let’s focus on the goal of getting these individuals out of the association’s affairs so that we can then move on and make Berkley Court a better place for all of us.